First Amending Agreement Sample Contracts

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THIS FIRST AMENDING AGREEMENT, made as of the 1st day of February, 2006. B E T W E E N :
First Amending Agreement • March 27th, 2006 • Mi Developments Inc • Real estate • New York

MAGNA ENTERTAINMENT CORP., a corporation incorporated under the laws of the State of Delaware (hereinafter called the "Borrower"),

THIS FIRST AMENDING AGREEMENT made as of the ___ day of August, 2012
First Amending Agreement • March 25th, 2013 • Sears Canada Inc. • Retail-department stores • Ontario

WHEREAS Sears Canada Inc., as borrower (the “Borrower”), the banks, financial institutions and other institutional lenders listed on the signature pages hereto (the “Lenders”), the L/C Issuing Bank party hereto, Wells Fargo Capital Finance Corporation Canada, as administrative agent (the “Agent”), co-collateral agent and Swingline Lender, GE Canada Finance Holding Company, as co-collateral agent, CIBC Asset-Based Lending Inc. and Bank of Montreal, as co-syndication agents, GE Canada Finance Holding Company, as documentation agent, and Wells Fargo Capital Finance Corporation Canada, GE Capital Markets (Canada) Limited, GE Capital Markets, Inc., CIBC Asset-Based lending Inc. and BMO Capital Markets, as joint lead arrangers and bookrunners, entered into that certain credit agreement dated as of September 10, 2010 (the “Credit Agreement”) pursuant to which certain credit facilities were established in favour of the Borrower;

FIRST AMENDING AGREEMENT
First Amending Agreement • May 2nd, 2005 • Nortel Networks LTD • Telephone & telegraph apparatus • Ontario

THIS AMENDING AGREEMENT made as of the 1st day of November, 2004 (“Amending Agreement”) by and among Flextronics Telecom Systems, Ltd., a Mauritius corporation (“Purchaser”), Flextronics International Ltd., a Singapore corporation acting through its Hong Kong office (the “Guarantor”) and Nortel Networks Limited, a Canadian corporation (“Seller”).

FIRST AMENDING AGREEMENT
First Amending Agreement • December 21st, 2015 • TerraForm Power, Inc. • Electric services • New York

This FIRST AMENDING AGREEMENT dated as of December 15, 2015 by and among INVENERGY WIND CANADA GREEN HOLDINGS ULC, an unlimited liability corporation incorporated under the laws of the Province of Alberta (“Seller Parent”), and TERRAFORM IWG ONTARIO HOLDINGS, LLC, a limited liability company formed under the laws of the State of Delaware (“Purchaser”), and to which intervene INVENERGY WIND GLOBAL LLC, a limited liability company formed under the laws of the State of Delaware (“Invenergy Indemnitor”), MARUBENI CORPORATION, a corporation incorporated under the laws of Japan (“Marubeni Indemnitor”), and CAISSE DE DÉPÔT ET PLACEMENT DU QUÉBEC, a body formed under the Act respecting the Caisse de dépôt et placement du Québec, R.S.Q., chapter C-2 (“CDPQ Indemnitor”). Seller Parent and Purchaser are referred to, collectively, as the “Parties” and each, individually, as a “Party”.

FIRST AMENDING AGREEMENT (April 14, 2009 Note Agreement)
First Amending Agreement • January 10th, 2011 • Arc Resources Ltd. • Crude petroleum & natural gas • Alberta

THIS FIRST AMENDING AGREEMENT dated as of January 1, 2011 (this “Agreement”) to the Note Agreement dated April 14, 2009 among ARC Resources Ltd. (the “Corporation”) and the Purchasers listed in Schedule A thereto (the “Note Agreement”) pursuant to which the Corporation issued its U.S.$67,500,000 7.19% Senior Notes, Series C, due April 14, 2016, its U.S.$35,000,000 8.21% Senior Notes, Series D due April 14, 2021 and its Cdn. $29,000,000 6.50% Senior Notes, Series E due April 14, 2016 (collectively, the “Notes”).

THIS FIRST AMENDING AGREEMENT dated as of the 20th day of November, 2007
First Amending Agreement • November 20th, 2007 • Mad Catz Interactive Inc • Games, toys & children's vehicles (no dolls & bicycles) • California

WHEREAS Borrower, Lender and US Collateral Agent entered into a second amended and restated loan agreement dated October 30, 2006 (as amended, modified, supplemented, extended, renewed, restated and replaced from time to time, the “Loan Agreement”) pursuant to which certain credit facilities were established in favour of Borrower;

RECITALS
First Amending Agreement • November 8th, 2023 • LeddarTech Holdings Inc. • Services-prepackaged software • Quebec
FIRST AMENDING AGREEMENT
First Amending Agreement • August 1st, 2019 • Alberta

WHEREAS the Borrowers and the Lender entered into a third amended and restated credit agreement dated as of June 30, 2018 (the "Original Credit Agreement") pursuant to which the Lender agreed to make certain credit facilities available to the Borrowers on and subject to the terms and conditions set out therein;

FIRST AMENDING AGREEMENT (November 30, 2011 Note Agreement)
First Amending Agreement • August 19th, 2015 • Penn West Petroleum Ltd. • Crude petroleum & natural gas • Alberta

THIS FIRST AMENDING AGREEMENT dated as of May 22, 2015 (this “Agreement”) to the Note Purchase Agreement dated as of November 30, 2011 (as amended by the Limited Waiver, Amendment and Retention of Rights Acknowledgment Agreement, dated as of August 15, 2014, the “Existing Note Agreement” and, as amended hereby and as further amended, restated, supplemented or otherwise modified from time to time, the “Note Agreement”) among Penn West Petroleum Ltd. (the “Company”) and the Purchasers listed on the signature pages hereof as holders (the “holders”) of the outstanding senior guaranteed notes (as in effect prior to this Agreement, the “Existing Notes” and, as amended hereby and as further amended, restated, supplemented or otherwise modified from time to time, the “Notes”) of the Company issued thereunder.

FIRST AMENDING AGREEMENT
First Amending Agreement • March 15th, 2005 • Pacific Energy Partners Lp • Crude petroleum & natural gas • Alberta

RANGELAND PIPELINE COMPANY, an unlimited liability company existing under the laws of the Province of Nova Scotia (hereinafter referred to as the "Borrower"),

FIRST AMENDING AGREEMENT
First Amending Agreement • February 26th, 2007 • SunOpta Inc. • Wholesale-farm product raw materials • Ontario

the Lenders made credit facilities available to the Borrowers on the terms and conditions set out in a third amended and restated credit agreement dated as of December 9, 2005 among the Borrowers, Lenders, certain affiliates of the Borrowers, as Obligors, Bank of Montreal, as Agent, and Harris N.A., as US Security Agent and as US Administrative Agent (the "Credit Agreement"); and

FIRST AMENDING AGREEMENT
First Amending Agreement • June 29th, 2023 • Obsidian Energy Ltd. • Crude petroleum & natural gas

OBSIDIAN ENERGY LTD., a corporation subsisting under the laws of the Province of Alberta (hereinafter referred to as the “Borrower”),

FIRST AMENDING AGREEMENT
First Amending Agreement • April 22nd, 2021 • Canadian Pacific Railway LTD/Cn • Railroads, line-haul operating • Alberta

the Majority Lenders under the Credit Agreement, that it intends to consummate the Acquisition as more fully set out herein;

FIRST AMENDING AGREEMENT DATED AS OF DECEMBER 21, 2018 TO THE RESTATED CREDIT AGREEMENT DATED AS OF OCTOBER 5, 2017 AMONG MAXAR TECHNOLOGIES LTD. as Borrower
First Amending Agreement • March 1st, 2019 • Maxar Technologies Inc. • Radio & tv broadcasting & communications equipment • New York

MAXAR TECHNOLOGIES LTD., a corporation incorporated under the Canada Business Corporations Act and continued into the Province of British Columbia under the Business Corporations Act (British Columbia) and formerly named MacDonald, Dettwiler and Associates Ltd. (hereinafter referred to as the “Borrower”)

FIRST AMENDING AGREEMENT
First Amending Agreement • May 28th, 2015 • DHX Media Ltd. • Ontario

THIS AMENDING AGREEMENT (this “Agreement”) is dated as of the 30th day of July, 2014 by and among Bell Media Inc. (“Vendor”) and DHX Media Ltd. (“Purchaser”, and together with Bell, the “Parties”).

THE AMENDED AND RESTATED SUPPLEMENTAL AGENCY AGREEMENT DATED JANUARY 15, 2015
First Amending Agreement • April 7th, 2016 • Ontario
FIRST AMENDING AGREEMENT
First Amending Agreement • October 31st, 2014 • Mercer International Inc. • Pulp mills • British Columbia

This agreement (the “Agreement”) dated as of October 21, 2014 made by ZELLSTOFF CELGAR LIMITED PARTNERSHIP, a limited partnership organized and subsisting under the laws of British Columbia, as borrower (the “Borrower”) and MERCER INTERNATIONAL INC., as guarantor (the “Guarantor”) and CANADIAN IMPERIAL BANK OF COMMERCE, in its capacity as agent (the “Agent”) and as lender (together with certain other lenders from time to time party to the Credit Agreement, the “Lenders”).

FIRST AMENDING AGREEMENT dated as of April 25, 2016
First Amending Agreement • April 27th, 2016 • Iamgold Corp • Gold and silver ores • Ontario
FIRST AMENDING AGREEMENT
First Amending Agreement • February 17th, 2011 • Vonage Holdings Corp • Telephone communications (no radiotelephone) • New York

This First Amending Agreement (“First Amending Agreement”) is made as of December 22, 2010 (the “First Amending Agreement Effective Date”).

FIRST AMENDING AGREEMENT February 16, 2009
First Amending Agreement • February 19th, 2009 • Apollo Gold Corp • Gold and silver ores • Ontario

First amending agreement dated February 16, 2009 between RAB Special Situations (Master) Fund Limited (“RAB”) and Apollo Gold Corporation (“Apollo”).

FIRST AMENDING AGREEMENT
First Amending Agreement • March 6th, 2009 • Potash Corp of Saskatchewan Inc • Agricultural chemicals • Ontario

POTASH CORPORATION OF SASKATCHEWAN INC., a corporation subsisting under the laws of Canada (hereinafter referred to as the “Borrower”),

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FIRST AMENDING AGREEMENT DATED AS OF MARCH 31, 2003.
First Amending Agreement • March 24th, 2005 • Cascades Inc • Papers & allied products • Quebec

THIS FIRST AMENDING AGREEMENT is made as of March 31, 2003 among CASCADES INC., a corporation incorporated under the laws of the province of Quebec (“Cascades”), CASCADES BOXBOARD GROUP INC., a corporation incorporated under the laws of Canada (“Boxboard”), CASCADES SPG HOLDING INC., a corporation incorporated under the laws of the State of Delaware (“Cascades US”), CASCADES BOXBOARD U.S., INC., a corporation incorporated under the laws of the State of Delaware (“Boxboard US”), CASCADES G.P.S. S.A., a corporation incorporated under the laws of France (“Cascades Europe”), CASCADES S.A., a corporation incorporated under the laws of France (“Boxboard Europe”) and CASCADES ARNSBERG GMBH, a corporation incorporated under the laws of Germany (“Boxboard Germany”) (each a “Borrower” and, collectively the “Borrowers”), THE BANK OF NOVA SCOTIA, a Canadian bank, as administrative agent and collateral agent (in such capacity, the “Agent”), and the financial institutions parties to the Credit Agree

FIRST AMENDING AGREEMENT
First Amending Agreement • October 22nd, 2021 • MoSys, Inc. • Semiconductors & related devices

WHEREAS, RTO Acquiror, Callco, Canco and Peraso (each, a “Party” and, collectively, the “Parties”) entered into an arrangement agreement dated as of September 14, 2021 (the “Arrangement Agreement”);

FIRST AMENDING AGREEMENT
First Amending Agreement • August 6th, 2008 • Potash Corp of Saskatchewan Inc • Agricultural chemicals • Ontario

POTASH CORPORATION OF SASKATCHEWAN INC., a corporation subsisting under the laws of Canada (hereinafter referred to as the “Borrower”),

FIRST AMENDING AGREEMENT Between DIRTT ENVIRONMENTAL SOLUTIONS LTD., as Borrower - and - DIRTT ENVIRONMENTAL SOLUTIONS INC., as Guarantor - and - ROYAL BANK OF CANADA, as Lender DATED AS OF MARCH 4, 2020
First Amending Agreement • July 29th, 2020 • Dirtt Environmental Solutions LTD • Services-prepackaged software • Alberta

WHEREAS, the Borrower, the Guarantor and the Lender entered into a credit agreement dated as of July 19, 2019 (the “Original Credit Agreement”), pursuant to which the Lender agreed to make certain credit facilities available to the Borrower on and subject to the terms and conditions set out therein;

FIRST AMENDING AGREEMENT
First Amending Agreement • April 15th, 2021 • Ontario

WHEREAS EnviroGold and Range are parties to a business combination agreement made as of March 26, 2021 (the “Combination Agreement”) pursuant to which EnviroGold and Range agreed to effect the combination of their respective businesses and assets;

FIRST AMENDING AGREEMENT TO THE COMMITMENT LETTER DATED MAY 16, 2017
First Amending Agreement • May 31st, 2018 • Transglobe Energy Corp • Crude petroleum & natural gas
CDN. $1,000,000,000 (OR EQUIVALENT) EXTENDIBLE REVOLVING - TERM CREDIT FACILITY FIRST AMENDING AGREEMENT AMONG HARVEST OPERATIONS CORP. (as Borrower) AND THE FINANCIAL AND OTHER INSTITUTIONS NAMED HEREIN FROM TIME TO TIME IN THEIR CAPACITIES AS...
First Amending Agreement • July 17th, 2015 • Harvest Operations Corp. • Crude petroleum & natural gas

WHEREAS the parties hereto have agreed to increase the Aggregate Commitment Amount from $940,000,000 to $1,000,000,000 pursuant to Section 2.10 of the Credit Agreement.

FIRST AMENDING AGREEMENT
First Amending Agreement • September 9th, 2014 • Baytex Energy Corp. • Drilling oil & gas wells • Alberta

BAYTEX ENERGY CORP., a corporation amalgamated under the laws of the Province of Alberta (hereinafter referred to as the "Canadian Borrower"), and BAYTEX ENERGY USA, INC., a Delaware corporation (hereinafter referred to as the "U.S. Borrower" and together with the Canadian Borrower, collectively, the "Borrowers" and, individually, a "Borrower"),

FIRST AMENDING AGREEMENT
First Amending Agreement • March 29th, 2017 • Pioneer Power Solutions, Inc. • Power, distribution & specialty transformers

This First Amending Agreement is entered into as of March 15, 2017, by and among Pioneer Electrogroup Canada Inc., a Canadian corporation (the “Borrower”), Pioneer Power Solutions, Inc. (“PPSI”) and the direct and indirect Canadian Subsidiaries of the Borrower or of PPSI from time to time party to the Credit Agreement, as Guarantors (the “Guarantors”), and Bank of Montreal, a Canadian chartered bank (the “Bank”).

FIRST AMENDING AGREEMENT
First Amending Agreement • May 16th, 2019 • Baytex Energy Corp. • Drilling oil & gas wells • Alberta

WHEREAS the parties hereto have agreed to amend and supplement certain provisions of the Credit Agreement as hereinafter set forth;

Contract
First Amending Agreement • May 12th, 2014 • Quicksilver Resources Inc • Crude petroleum & natural gas • Alberta

CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND MARKED WITH “[****]”. AN UNREDACTED VERSION OF THE DOCUMENT HAS ALSO BEEN FURNISHED SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION AS REQUIRED BY RULE 24B-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

FIRST AMENDING AGREEMENT Made as of September 22, 2015 Among SUNOPTA INC. SUNOPTA FOODS INC. as Borrowers - and - EACH OF THE FINANCIAL INSTITUTIONS AND OTHER ENTITIES FROM TIME TO TIME PARTIES HERETO as Lenders - and - CERTAIN AFFILIATES OF THE...
First Amending Agreement • September 24th, 2015 • SunOpta Inc. • Wholesale-farm product raw materials • Ontario

NOW THEREFORE, in consideration of the premises and of the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties covenant and agree with each other as follows:

MAD CATZ, INC. as Borrower - and - WELLS FARGO CAPITAL FINANCE, LLC as Lender and US Collateral Agent
First Amending Agreement • October 6th, 2010 • Mad Catz Interactive Inc • Games, toys & children's vehicles (no dolls & bicycles) • Illinois

WHEREAS Wells Fargo Capital Finance, LLC, successor by merger to Wachovia Capital Finance Corporation (Central), as Lender and US Collateral Agent (“Wells Fargo”), Borrower, MCII and certain other Obligors entered into a Third Amended and Restated Loan Agreement dated as of June 23, 2009 (as amended, modified, supplemented, extended, renewed, restated or replaced from time to time, the “Loan Agreement”) pursuant to which certain credit facilities were established in favour of Borrower;

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